When the Law Loses Its Soul

Legal Literacy - A conversation in the silence of dawn with a friend who works as a prosecutor sparked this writing. Amidst the first sips of morning coffee, he recounted with a tone that implied a burden, "Becoming an enforcer law it is not enough to only have conscience. There is a hierarchy, there are institutional rules that bind." He continued, "If I am too idealistic and only follow my conscience, I myself could be examined by internal supervisors." That honest expression—which came from the heart of the law enforcement system—opened a deep reflection: To what extent does conscience still have a place in the jungle of bureaucracy and legal articles that often feel cold and distant?

Mr. Prosecutor, Your Superior is Not the Highest Law

“Prosecutors must not be afraid.” This sentence sounds like a cliché slogan, but it is an absolute requirement for the upholding of justice. More than just not being afraid of external threats, the biggest challenge actually comes from within: a prosecutor must not be afraid, even of their own superiors. They must be independent. We all understand that the Prosecutor's Office is an institution that stands upright based on the chain of command. There is a hierarchy, there are career levels, and there are "superiors" who hold the pen for promotions and transfers. This bureaucratic reality often creates a dilemmatic intersection: should one be loyal to the orders of superiors, or loyal to conscience and legal truth? When a prosecutor is faced with this choice, they must ask themselves: To whom does my highest loyalty truly lie? To the name written on the decree of office, or to the justice that is the reason this profession exists?

Independence Is Not Insurrection

It is important to correct a misunderstanding. The independence of a prosecutor is not an act of insubordination or blind rebellion. On the contrary, it is a form of professionalism and the highest loyalty to the dignity of the institution and the law itself. Imagine a common scenario: a superior, perhaps due to pressure from other parties or performance targets, gives an order, “The case of A must be brought to court immediately!” This order sounds absolute. However, after examining the files, the prosecutor finds that the evidence is very weak and the prosecution is likely to fail, or worse, harm an innocent person. This is where independence is tested. A prosecutor who is only an "employee" will say “ready, execute!” to please their superiors. However, a prosecutor who is independent and professional will use their crown: legal conviction based on evidenceHe would dare to compile an objective and argumentative analysis (case expose) and present it to his superior. He would say, "Excuse me, Commander. Based on juridical analysis, this case has weaknesses in evidence X and Y. If we force it to proceed, the risk is losing in court and tarnishing the image of our institution. Wouldn't it be better to return it to the investigator for completion, or even stop it if it is not feasible, in order to maintain the honor of the corps?" This attitude is not insubordination. This is the most intelligent form of loyalty. He protects the institution from a shameful defeat and protects the public from potential injustice. The prosecutor is not opposing his superior; he is inviting his superior to return to the correct procedural law.

The Antidote Against Fear Is Competence

Fear often stems from self-doubt. Therefore, the most effective way for a prosecutor to be independent and fearless is to equip themselves with undeniable competence. Master the case file down to the smallest detail. Understand every relevant article, delve into jurisprudence and related legal doctrines. Build a solid, coherent, and unbreakable legal argument. When a prosecutor holds firm to a conviction born from in-depth analysis, they have a strong shield. They are not having an empty debate; they are defending their professional truth. A wise superior will appreciate a prosecutor who has a stance based on strong arguments, rather than a prosecutor who only parrots without understanding. Because a competent and courageous prosecutor is the institution's greatest asset. They are the ones who will win difficult cases and maintain the authority of the Prosecutor's Office in the eyes of the public.

Singular Loyalty to Justice

Ultimately, the hierarchy and chain of command within the Prosecutor's Office should be a means to ensure the quality of law enforcement, not a tool to stifle conscience. The orders of superiors must be in line with the spirit of justice, not replace it. A prosecutor is sworn to uphold the law and justice. There is not a single word in that oath that mentions the obligation to obey the orders of superiors that contradict justice. Therefore, a prosecutor's highest loyalty is not to the name on the warrant, but to the justice engraved in their heart and mandated by the Constitution. That is true independence. And only with such independent prosecutors can justice in this country be truly maintained.